A.Venkateswara Rao, v. M/S. Shriram Transport Finance Company Ltd.,

HON'BLE SRI JUSTICE R.KANTHA RAO AND HON'BLE DR. JUSTICE B. SIVA SANKARA RAO Civil Revision Petition No.2151 of 2016 ORDER: (per Hon'ble Dr. Justice B.Siva Sankara Rao) Heard both sides.

2. The present revision has already covered by the order of the Division bench of this court in 'Potlabathuni Srikanth Vs. Shriram City Union Finance Ltd., Mangalagiri Branch[1]', wherein it is observed that the 'Court' as defined under Section 2(1)(c) of the Arbitration and Conciliation Act,1996, the District Court, which alone, is competent to execute the award of the Arbitrator, thereby, the execution proceedings covered by AOP No.561 of 2011 initiated before the Principal Senior Civil Judge, Avanigadda in EP No.43 of 2014, are no way sustainable.

3. Accordingly, the civil revision petition is allowed. It is needless to say, it is left open to the decree-holder either to get back the decree or to ask for transmitting to the District Court to file a fresh E.P. and proceed further according to law. There is no order as to costs. The miscellaneous applications pending if any in this revision petition stand closed.

________________ R.KANTHA RAO, J _________________________ DR. B. SIVA SANKARA RAO, J Date: 26.04.2016 BSS HON'BLE SRI JUSTICE R.KANTHA RAO AND HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO

Civil Revision Petition No.2151 of 2016 (per Hon'ble Dr. Justice B.Siva Sankara Rao) Date: 26.04.2016

BSS [1] 2016(2) ALD 10 (DB)